Dissenting Opinion filed by Circuit Judge HENDERSON, with whom SILBERMAN, WILLIAMS and GINSBURG, Circuit Judges, join. Dissenting Opinion filed by Circuit Judge SILBERMAN, with whom WILLIAMS and GINSBURG, Circuit Judges, join. WALD, Circuit Judge: In 1991, Etim U. Aka (“Aka”) underwent heart bypass surgery, and thereafter was unable to perform his prior job as an orderly at Washington…
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